A Children's Bill to Heal a Nation

South Africa is a country with a poor human rights record. This is an understatement. We are a country trying to make right the wrongs of that history - this is also an understatement. But the task is difficult because we come to it scarred by the legacy of our colonial and apartheid history, by the consequences of the systematic denigration and dehumanisation of the majority by the minority. Colonisation laid the foundations of many of the ills that beset our society, apartheid perfected and legislated this base, and even claimed god's blessing for it. We play out still what we did to each other, and learnt from each other, before 1994, no matter which side we fought on (or even if we thought we weren't fighting on any side at all!).

Balanced against our Constitution, our strengthening economy, our increasing global stature, our beautiful country and its wonderful people lie some horrible truths. We have a very high rate of rape and sexual abuse. We have the highest rate of rape homicide in the world (Martin, L, 1999, reporting on her research at the Salt River Mortuary). We have an extraordinarily high rate of family murders. Violence within our communities is endemic. Our HIV crisis is deepening, depleting the economically active population and leaving increasing numbers of children without adult care-givers. Millions of South Africans live in deep poverty, and we have one of the highest (and growing) gaps between the “haves” and the “have nots”. All over South Africa, children are taking turns to eat. Within this context, children are increasingly vulnerable to abuse, exploitation and neglect.

We say that children are our future. The fact is, they are also our present, and their future (and ours) is shaped by present reality. If we are truly to become a whole and humane society, we have to give the next generation a better shot at it. We have to proactively put in place and resource a national agenda which redresses our horrendous past and levels the playing fields. We have to ensure a country “fit for children” (one of the many international promises we have made) - and in so doing, create a country fit for all of us. We know this - why else have we ratified several international conventions which commit us to the protection and promotion of the rights of children?

We have a golden and possibly never-to-be-repeated opportunity of giving that next generation their chance, their shot at it. We have this opportunity because we are currently formulating a new dispensation for children. We are poised to put into place a Children's Bill which will provide the framework within which children will be born and raised for the next 20 to 30 years.

We need this Bill to achieve a great deal, because we know that, in the end, prevention is better than cure, and it's cheaper in every way. We need a Bill which:
- articulates and legislates our international obligations to protect and promote the rights of children;
- places great emphasis on primary prevention and early intervention;
- provides a framework and the means of supporting families to raise physically and emotionally healthy adults;
- enhances the capacity of communities to take greater responsibility for vulnerable children;
- ensures the availability of appropriate, trained and resourced early intervention services; - maintains tertiary-level intervention services for children for whom there is no alternative within their homes and communities - which must include services to facilitate healing and rehabilitation;
- ensures the protection of the most vulnerable children - those living in poverty, those living in violent and abusive homes, those who are disabled or chronically ill, those affected by HIV, those living and working on the street.

If we put our resources and energy into building the capacity and wherewithal in families to raise children who can and will become self-sustaining and productive members of a peaceful, just and democratic society, we will truly fulfill the promise of our young democracy. This means they must have access to nutritious food, shelter and warm clothing, primary health care and education, irrespective of the ability of their parents to provide these things. If we put our resources into developing and maintaining good systems for identifying children and families at risk, and give additional support at that point, we increase the possibility that the family will be able to provide the basics for their children, thus preserving the family and decreasing negative effects of being taken into care.

If we are creative and more flexible (although no less careful) about where we place those children for whom it is impossible to remain in their family homes, the chance of them growing up in an environment conducive to future happiness is greater.

And if we put our resources into a criminal justice system focussed on restorative justice, victim empathy and rehabilitation, we reduce the number of children who grow up shattered by rape and sexual abuse, by violence in their homes and communities.

What will it cost? I have no idea, although I know that it will be expensive. But we have to try to afford it. Sound prevention strategies can cost around nineteen times less than failure to prevent abuse, neglect and exploitation. A study undertaken in Michigan came to this conclusion after considering factors including birth weight, infant mortality, special education needs, protection services, foster care, juvenile and adult criminality, and social services (Caldwell, R: Child Abuse Prevention: Michigan's' Experience, 1992). We cannot claim to be unable to afford it when the medium and long term advantages will save us so much in financial and human terms.

As the Children's Bill moves through Parliament in August, we urge all concerned to think very carefully about what is put into place, and what we can and cannot afford. We have the opportunity here to make right the wrongs of our traumatic past, and to facilitate an environment for healing and recovery. I trust we are brave enough to do it.

* Carol Bower is Executive Director of RAPCAN

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